Can a 'Drunk' Passenger be Charged with a DUI?

Can a 'Drunk' Passenger be Charged with a DUI?

Posted By
Jonathan Blecher, P.A.

Let’s say that somebody is definitely drunk and they are sitting
in the backseat of a vehicle or in the passenger seat, can they still
get a DUI even though they were not driving? The answer – it depends.

If a police officer pulled over a vehicle and the designated driver (DD)
had a car full of drunk friends, then in this case, “no,”
the passengers should not be charged with DUI.

On the other hand, if a heavily intoxicated person walked out of a bar
and into their vehicle on a cold night, slid behind the wheel and put
the keys in the ignition so they could run the heater to warm themselves
up, then in this scenario, they could be charged with DUI even if their
plan was to slide over to the passenger seat or climb into the back.

Why could they be charged with DUI? Because, the issue at hand is “actual
physical control.” By holding on to the keys, sitting behind the
wheel and putting the keys in the ignition, the suspect has just put themselves
in actual physical control of their vehicle, which leaves them open to
a DUI charge.

Think it’s safe to sleep in your car after drinking? You may want
to think again.

The state can actually charge someone with DUI who was impaired and decided
to “sleep it off” in their car because the person possessed
the car keys, thereby placing them in “control” of their vehicle
while under the influence.

When a Driver Switches Places

It’s one of the oldest tricks in the book: the drunken driver switches
places with their less-drunk friend, their teenage son or daughter that
hasn’t been drinking at all, or their spouse when they get pulled
over by the cops.

If the police notice that a driver switches places before, during, or after
a traffic stop, the driver can be charged with DUI, even if he or she
has moved over to the passenger seat.

Also, if you’ve been drinking and you sit behind the wheel as you
wait for friends, respond to texts, or listen to music, you can be charged
with DUI, but it’s up to the state to make the charges stick. If
you’re 21 or over, you’re not necessarily breaking the law
by consuming alcohol.

If you’re facing DUI charges, be sure to contact me before you do
anything. As an experienced
Miami DUI defense attorney, I can read the police report, listen to your side of the story and help
you fight your charges.